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HomeMy WebLinkAbout2009-01-13 City Council Agenda Item No. 2 CITY 0 LAKE aLSINOKE DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JANUARY 13, 2009 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council Minutes are submitted for approval: a) Joint City Council /Redevelopment Agency Meeting — December 23, 2008 b) Regular City Council Meeting — December 23, 2008 Recommendation Approve the Minutes as submitted. Prepared by: Carol Cowley IV Interim City C Approved by: Robert A. Brady J ` City Manager Agenda Item No. 2 Page 1 of 28 MINUTES JOINT CITY COUNCIL /REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, December 23, 2008 CALL TO ORDER — 4:00 P.M. Mayor Magee called the meeting to order at 4:02 pm. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILWOMAN BHUTTA COUNCILMAN BUCKLEY ARRIVED AT 4:07 PM ABSENT: COUNCILMAN HICKMAN Also present: City Manager Brady, Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director /City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Captain Cleary, Information /Communications Manager Dennis and Interim City Clerk Cowley. Mayor Magee commented that this was the first meeting with the newly elected Council and advised that the general tone of the review session is Tess formal than the 7:00 pm meeting to allow Council to interact a little more with staff and the applicants. He encouraged the Council Members to ask questions, noting their request to speak lights were working. PRESENTATIONS /CEREMONIALS City Web Site Presentation Council Recognition of 2008 Mayor Daryl Hickman and Redevelopment Agency Chair Thomas Buckley 1 Agenda Item No. 2 Page 2 of 28 PUBLIC COMMENTS — NON - AGENDIZED ITEMS There were no requests to speak. CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approve the following Minutes: a) The Minutes of the regular City Council Meeting — December 9, 2008. (3) Warrant List Dated December 15, 2008 Recommendation: Authorize payment of warrant list dated December 15, 2008. (4) Claims Against the City Recommendation: Reject the claims of Carlos Ramirez, Rocio Vargas, and Maria Navarro and direct the City Clerk's Office to send a letter informing the claimants of the decision. (5) Walnut Drive and Frasier Drive Improvements — Notice of Completion Recommendation: The City Council authorize the Mayor to execute the Notice of Completion and request the City Clerk to file the Notice of Completion with the County of Riverside. Mayor Pro Tem Melendez verified the total final cost of this project was $164,054.00. Acting Community Development Director Weiner responded that he had confirmed that with Dave Solomon, the Project Manager, and that included administration and testing costs. Mayor Magee commented that this project was a perfect example of a need the City saw for improvement. The City did not have the money at the time so it was placed on the Capital Improvements Project list and moved up the list until funding became available and now it is complete and under budget. Mayor Magee indicated he has received complements from people in that area for solving the drainage issue and improving the traffic situation. He thanked staff. 2 Agenda Item No. 2 Page 3 of 28 (6) Award of Professional Service Contract for the Design of Diamond Drive and Lakeshore Overlay Recommendation: The City Council award the consultant contract to KOA Corporation for an amount not to exceed $69,280 for preparation of plans and specifications of Grand Avenue. Councilwoman Bhutta expressed her happiness to see this issue being addressed noting it has been a great need for a long time. Public Works Director Seumalo advised Council that staff anticipates two to three months for design of the project. Staff will take into consideration the Storm baseball schedule. Although it was a little premature, Mr. seumalo expects to see the Diamond Drive project work be carried on at night to cause minimal impact. The bid amounts and length of time to complete the project may be affected taking into account the schedule. Once the design is complete staff will address it at a staff level with the design engineer. (7) Update to State of California Local Agency Investment Fund (LAIF) Resolution Recommendation: That the City Council approve Resolution No. 2008 - which removes Matt N. Pressey and David W. Sapp as authorized signers for all Local Agency Investment Accounts held at the State of California. (8) Agreement and Escrow Instructions for Purchase and Sale of Real Property: APN379- 403 -018 Recommendation: That the City Council approve the Agreement and Joint Escrow Instructions for Purchase and Sale of Real Property in substantially the form attached, direct the City Attorney to finalize the Agreement, authorize the Mayor to execute the Agreement in such final form as approved by the City Attorney, and direct the City Manager to execute the Certificate of Acceptance. (9) Investment Report — November 2008 Recommendation: The City Council receive and file the report. PUBLIC HEARING(S) (10) Negative Declaration No. 2008 -13 and Tentative Tract Map No. 32013 for Finance and Conveyance Purposes for the Project Known as "Southshore II" Recommendation: The Planning Commission recommends the City Council adopt Resolution No. 2008- Certifying Negative Declaration No. 2008 -13 and Resolution No. 2008- for Tentative Tract Map No. 32013 for Finance and Conveyance Purposes. 3 Agenda Item No. 2 Page 4 of 28 Councilman Buckley asked if the applicant has returned with something different than a mobile home park. Acting Community Development Director Weiner advised they have not. The only thing they have done since the original submittal was to give the finance map to staff, but no redesign has been made to this point. Mayor Pro Tem Melendez asked if the applicant has expressed when they wish to begin development. Community Development Director Weiner advised they have not. APPEAL(S) (11) Consideration of an Appeal of the Planning Commission's Decision Relative to Public Convenience and Necessity Findings for Off - Premise Alcohol Sales from a Proposed Convenience Store Located within the Viscava Village Shopping Center Located at 16665 Lakeshore Drive, Suite `A' (APN: 379 - 470 -083) Recommendation: That the City Council: 1) Consider the appeal and either uphold the Planning Commission's decision to deny the Public Convenience and Necessity request; or 2) Overturn the Planning Commission's decision and approve the Public Convenience and Necessity request. Councilman Buckley commented that the original emails Council received were in opposition to the project; however, since the applicant attended the homeowners association meeting, Council has received numerous emails in favor of the project. Mayor Pro Tem Melendez asked whether the original pad had been relocated indicating that Captain Cleary had expressed concern regarding visibility. Captain Cleary indicated that he believed it was on the same pad that faces away from Lakeshore. He advised that there was limited visibility In terms of the officers looking into the storefront. The pads the police department felt would be more acceptable are not available. Captain Cleary responded to Mayor Pro Tem Melendez's question as to whether the other issues had been rectified to Captain Cleary's satisfaction indicating he believed the appellant was going to address the visibility issues and was going to install quality surveillance equipment inside the business and in the parking lot which makes it better for the police after something has occurred, and might serve to dissuade somebody from doing something. Councilman Buckley asked if Council was going to receive copies of the letters of recommendation the developer received from the other police departments in the three cities where this family owns businesses indicating they have a good record. City Manager Brady advised that staff has not received copies of those letters. 4 Agenda Item No. 2 Page 5 of 28 Councilwoman Bhutta stated that she went to the Viscaya community during the weekend to talk to residents to determine whether the information council received was accurate. She indicated that she knocked on approximately 30 doors and the feedback she received reflected that initially the residents thought it was only going to be a liquor store, but now that it has been clarified everyone is in support of it. BUSINESS ITEM(S) (12) CaIPERS Employer Pickup Resolution for Pre -Tax Deduction Plan for Service Credit Purchases Recommendation: That the City Council adopt Resolution No. 2008- the attached resolution for the pre -tax deduction plan for service credit purchases. (13) 2008/09 Supplemental Law Enforcement Services Fund (SLESF) Grant Recommendation: Approve the expenditure plan and the allocation of funds from the SLESF Grant. Councilman Buckley asked if the City was looking at portable cameras that have been discussed for many years that can be moved around when there is a graffiti hot spot. City Manager Brady indicated other funds were allocated for that but the camera has yet to be purchased. Councilwoman Bhutta confirmed that the City was receiving the full grant amount of $100,000 this year. City Manager Brady advised Council that the list on page 2 of the agenda report are the types of things the City has used the funds for in the past and the types of equipment the funds can be used for. Captain Cleary confirmed that this list gives the City flexibility in what can be purchased in terms of the needs of the moment and what is occurring, listing some items that can be purchased under tactical equipment. Mayor Pro Tem Melendez asked if the funds can be used to add members to gang enforcement. Captain Cleary indicated it would help defray some of the City's costs for salary, but in terms of a full officer it would not. (14) Interim Agreement with the Ferguson Group for Washington, D.C. Lobbying Services Through June 30, 2009 Recommendation: Authorize approval of the Interim Agreement and execute the Agreement with the Ferguson Group, L.L.C.; reauthorize the annual legislative delegation Washington, D.C. meeting and related travel expenses at the not -to- 5 Agenda Item No. 2 Page 6 of 28 exceed amount of $5,000.00; and authorize a budget adjustment for $21,000.00 from unallocated revenue. City Manager Brady provided a brief staff report indicating Christy More with the Ferguson Group who staff has been working with regarding the City's agreement with the Ferguson Group over the past several months is present to answer questions. City Manager Brady reminded Council that the Ferguson Group has provided services to the City at the federal level on several projects for funding. The Ferguson Group has proposed a modified contract from November 1 through June 30 at $2,000 per month, which is essentially one -third of the monthly costs the City was previously paying for the services. The Ferguson Group has been representing the City and Council and staff has gone to Washington on three occasions. He advised the City has been successful indirectly in receiving monies with regard to the Ferguson Group's efforts mentioning the $800,000 the City received for the Riverwalk project was indirectly through the grant the Ferguson Group led the City to. He also mentioned the $100,000 that is currently pending to upgrade the Emergency Operations Center at the police station. City Manager Brady introduced Christy More who provided a brief overview indicating she has been with the Ferguson Group for almost nine years and works exclusively out of the northern California office as did her former colleague Dave Kennet who used to handle the City's contract. Since he left the firm in May, her colleague Charmayne Lincoln and she have taken over his accounts, projects and agenda. Charmayne has been with the firm for 15 years, she is a partner and works exclusively out of the Washington DC office. Ms. More advised that Ms. Lincoln has extensive relationships on the Senate side and specifically with Senators Feinstein and Boxer so between the two of them they have a taxing approach to handle the City's priorities on the federal level. She indicated that both she and Charmayne were here last month meeting with the City Manager and staff to discuss next year's agenda and the opportunities that will exist with the new Congress and the new administration. The biggest opportunity being the economic stimulus package, which is something President -Elect Obaba is highly prioritizing at this point. A lot of the infrastructure funds that will come out of the economic stimulus package will go to local governments in an effort to stimulate the economy on a longer term process. They have been working with cities to identify potential projects where money can come directly to the City out of that package. As the City Manager mentioned there is $100,000 earmarked sitting in the House, Commerce, Justice, State Science appropriations bill for infrastructure and technology to operate the City's EOC. Those bills will actually be finalized as one of President - Elect Obama's first items. She indicated everything was pending right now and they expect an extremely busy January and February as well as into the spring. Mayor Pro Tem Melendez commented on the reduction of the cost until June and asked the likelihood of the City receiving funding between now and June. Ms. More advised that it is actually higher than it has been in the past and the $100,000 earmark that is pending in the 2009 -10 bill should be finalized by February. Those bills are being wrapped up into an omnibus piece of legislation that should hit President 6 Agenda Item No. 2 Page 7 of 28 Obama's desk after the economic stimulus package is passed. That is the way the leadership wants to see these two large funding bills go forward. Economic stimulus first and FY 2009 -10 bills second. They should be passed by law by March 6 because that's when the resolution that's currently funding the federal government expires. The bills will have to be reintroduced and the projects resubmitted, because it is a new Congress but typically when this has happened in the past they just carry forward any projects that were earmarked. Councilwoman Bhutta asked how many other cities the Ferguson Group represents in California. Ms. More advised that California was one of their largest states in terms of clients and they represent approximately 30 cities. She confirmed for Councilwoman Bhutta that none of the cities they represent were in the immediate vicinity. Councilman Buckley asked if the reason the agenda is identical to last year's was due to the resubmission process. Ms. More confirmed that it was and that they were still working with City staff to identify possible new projects for the 2010 appropriations agenda. She further indicated that they will continue to watch the economic stimulus package to see how those projects will actually be funded. The other two big items is the Water Reauthorization which is the Water Resources Development Act that the City participated in last year but it did not go anywhere in Congress last year. However, senator Boxer is Chairman of the Committee that oversees that on the Senate side and she plans to reintroduce it early on in the new session. Under Senator Boxer's discretion as well is the reauthorization of the SAFETEA Act, which is being called MAP 21 ( Moving Ahead for Prosperity in the 21 Century). Ms. More indicated they would be working directly with the Senator's office as well as the City to submit a large transportation priority on behalf of the City. She indicated that it was some of the same projects but in some instances they will actually be changing the presentation in the way they are presented to Congress. Thereafter followed a discussion regarding the manner in which the economic stimulus would be written and the mechanism to pursue funding under the economic stimulus package. Councilman Buckley expressed his view that the City of Lake Elsinore continue to fund the Downtown Master Plan in terms of roads, the lake, piers, and some of the housing would be perfect for those funds. Ms. More confirmed that she and Charmayne had a conference call with staff last week to encourage them to develop a list so that when the economic stimulus package is passed, local governments will be one step ahead of everyone else. Councilman Buckley expected to have the first rough draft of the Downtown Master Plan information on the first or second meeting in January. Tom Weiner clarified there will be a second and last public workshop the end of January and shortly thereafter it would be brought to Council for a vision document/progress report. He estimates the Plan to be completed by June, possibly earlier. Thereafter followed a general discussion 7 Agenda Item No. 2 Page 8 of 28 regarding the time frame and process regarding the Downtown Master Plan and when it would come back to Council for conceptual approval. Mayor Magee commented on several issues regarding the economic stimulus package, the readiness of the projects and types of projects. He also discussed the length of time it takes to go through the environmental process expressing his hope that the Ferguson Group could assist the City in streamlining the environmental aspect of the stimulus package. He mentioned some of the projects the City would be ready to start such as Gunnerson and Highway 74 providing that habitat issues do not get in the way. The ultimate improvement of the Highways 15 and 74 interchange. Both of those projects have been around for a very long time and realistically could go green rather quickly. He also stated the City needed to be conscious of Senator Feinstein making it very clear she doesn't want jurisdictions stepping over each other for the same dollars. So to that extent the City's agenda relative to transportation needs to be consistent with the County transportation Commission's agenda and the Riverside Transit Agency's agenda. Mayor Magee felt the City should also look at some new projects that were thought to be too big to address, because as long as President Elect Obama is thinking big and wants to put people to work; and if environmental streamlining can be expedited, cleaning out the inflow channel would be a huge project for the City. The acquisition of mitigation lands, since the Army Corps of Engineers is pushing that requirement on the City. The completion of the Riverwalk project as well as Lakeshore property acquisition as long as it is for public purposes. City Manager Brady confirmed the approval of the City's 2009 request list is coming back before the Council. Mayor Magee continued that Item 2 discussed on last year's project list was the septic tank conversions primarily for the area of the Avenues he felt that should be added to the list along with Country Club Heights and recommended working with the Water District on that. Thereafter followed a general discussion regarding sewers in the City. City Manager Brady advised that provided this item carried, the list of projects would be brought back to Council in January and if approved the contingency would be sent to Washington the first part of March when the proposal would need to be put together. Thereafter followed a general discussion with Council concurrence on bringing the project list to Council the latter part of January once the City knew the direction of the new Administration. 15) Annual Financial Reports for the Fiscal Year Ending June 30, 2008 Recommendation: That the City Council receive and file the reports. Councilman Buckley asked whether this would be a long, Involved presentation. City Manager Brady advised it would be a short presentation giving Council an opportunity to ask questions. 8 Agenda Item No. 2 Page 9 of 28 (16) City Council Appointments to Various Organizations Recommendation: That the City Council confirm the appointment of delegates and alternates as contained in the Mayor's Recommended Council Appointments List Mayor Magee thanked the members for participating and volunteering their time. He said he tried to match people's interests, desires and work schedules with availabilities and he thinks the end result is fairly reflective of most people's wish list. Mayor Pro Tem Melendez indicated she was appointed to the East Valley Municipal Water District which spread her pretty thin concerning monthly meetings. She asked if there was someone else who wished to serve on that board. After some discussion, Council concurred that Mayor Pro Tem Melendez and Councilwoman Bhutta would serve as appointees and Mayor Magee and Councilman Buckley would be the alternates and each council member would alternate attending the meetings. Thereafter followed a brief discussion regarding the Public Safety Advisory Commission, the terms that expired this year and the application process. Councilman Buckley noted for the record that the appointment to the Northwest Mosquito and Vector Control District was a four year term. Mayor Pro Tem Melendez questioned the Chamber of Commerce's meeting date and time indicating if that was correct it conflicted with City Council meetings. After a short discussion, the City Manager advised that staff would check on the date and time of the Chamber's meetings. Councilwoman Bhutta advised that she was the alternate for the Riverside Transit Agency and although Councilman Hickman never misses a meeting, she would not be able to attend because the meetings were at 2:00 pm in the middle of a work day. There being no volunteers, Mayor Magee appointed himself as the alternate for the Riverside Transit Authority. (17) City Clerk Recruitment Recommendation: That the City Council appoint two of its members to serve on a sub - committee to review the 32 applications for the City Clerk position, conduct the first interview process and select the candidates to be interviewed by the entire City Council. Mayor Magee recommended Mayor Pro Tem Melendez and Councilwoman Bhutta be appointed to the selection committee. Both of them expressed interest serving on the committee and he wanted to take himself out of consideration. He indicated that Councilman Hickman has not made any comment on it whatsoever and he has not heard from Councilman Buckley. Mayor Pro Tem Melendez indicated that she spoke with City Manager Brady about background checks being moved up on the top two candidates before a job offer is 9 Agenda Item No. 2 Page 10 of 28 made, to avoid any issues that might occur as a result of someone's background check. City Manager Brady confirmed that Mayor Pro Tem Melendez wanted the top two candidates background checks done prior to selecting the final candidate and making an offer. Council concurred. City Manager Brady advised that whoever is selected to be on the interview committee will receive packets with the candidates' information after the meeting. (18) Ordinance of the City Council of the City of Lake Elsinore, California, Renumbering Chapters 3, 5, 6, 16 and 17 of the Lake Elsinore Municipal Code Recommendation: That the City Council read by title only and waive further reading of Ordinance No. Renumbering Chapters 3, 5, 6, 16 and 17 of the Lake Elsinore Municipal Code. PUBLIC COMMENTS — NON - AGENDIZED ITEMS There were no public comments. The City council recessed to the Redevelopment Agency Meeting at 4:45 pm. REDEVELOPMENT AGENCY Chairman Buckley called the meeting to order at 4:45 p.m. ROLL CALL PRESENT: CHAIRMAN BUCKLEY VICE -CHAIR BHUTTA MEMBER MAGEE MEMBER MELENDEZ ABSENT: MEMBER HICKMAN Also present: Executive Director Brady, Acting Administrative Services Director Riley, Acting Community Development Director Weiner. Public Works Director /City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzalez, Captain Cleary, Communications /Information Manager Dennis; and Interim Secretary Cowley CLOSED SESSION 10 Agenda Item No. 2 Page 11 of 28 Chairman Buckley announced that the Redevelopment Agency will be meeting in closed session at 5:00 pm to discuss the following closed session items consisting of Items 1(a) through 1(e) as listed on the agenda: 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) PROPERTY: APN 375 - 350 -036, -057 AGENCY NEGOTIATOR: Executive Director Brady NEGOTIATING PARTIES: Lake Elsinore Redevelopment Agency and Symantha Pham and Glenda Patton UNDER NEGOTIATION: Price and terms of payment 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) PROPERTY: APN 374 - 311 -018, -019 AGENCY NEGOTIATOR: Executive Director Brady NEGOTIATING PARTIES: Lake Elsinore Redevelopment Agency, Sharon Rose, and H &H Charitable Remainder Trust UNDER NEGOTIATION: Price and terms of payment 1(c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 374 - 174 -018, 374 - 262 -013 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Elsinore Pioneer Lumber Company Under negotiation: Price and terms of payment 1(d) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 374 - 174 -013, -016, -017 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Thomas A. Martin Under negotiation: Price and terms of payment 1(e) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) PROPERTY: APN 373 - 162 -003, -004, -005 AGENCY NEGOTIATOR: Executive Director Brady NEGOTIATING PARTIES: Lake Elsinore Redevelopment Agency and WSS Investments UNDER NEGOTIATION: Price and terms of payment PUBLIC COMMENTS There were no public comments CONSENT CALENDAR (1) Approval of Redevelopment Agency Minutes 11 Agenda Item No. 2 Page 12 of 28 Recommendation: Approve the following minute(s): a) Joint City Council /Redevelopment Agency meeting — November 11, 2008 b) Regular Redevelopment Agency meeting — November 11, 2008. (2) Warrant List Dated November 13, 2008 Recommendation: Authorize payment of Warrant List dated November 13, 2008. (3) Investment Report — October 2008 Recommendation: Receive and File. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) (4) Resolution Authorizing Transmittal of the Amended and Restated Redevelopment Plans for Laguna Redevelopment Project Areas No. I, II and III; and Resolution Determining that Amended Plans will not Require the formation of a Project Area Committee Recommendation: The Agency adopt Resolution No. 2008 -05 accepting the proposed Amended and Restated Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, II and III and the Initial Study and Negative Declaration to the Planning Commission for its report and recommendation and to all affected taxing entities and other interested persons for their information. PUBLIC COMMENTS — NON - AGENDIZED ITEMS There were no public comments. Reconvened to the City Council meeting at 4:46 pm CLOSED SESSION Mayor Magee announced the City Council will recess to closed session commencing at 5:00 pm to discuss the following items 1(a) through 1(d): 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) 12 Agenda Item No. 2 Page 13 of 28 PROPERTY: APN 375 - 250 -026, -027, 375 - 942 -015 CITY NEGOTIATOR: City Manager Brady NEGOTIATING PARTIES: City of Lake Elsinore, Denise Fleming, and Tim Fleming UNDER NEGOTIATION: Price and terms of payment 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 379 - 403 -018 Agency Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Jess & Marissa Enriquez Under negotiation: Price and terms of payment 1(c) CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) City of Canyon Lake vs City of Lake Elsinore (Riverside Superior Court Case #513811) 1(d) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases City Manager Brady announced that staff does have a presentation on the City's Website and asked if Council wanted a brief presentation at this time and again at the 7:00 pm meeting or wait until the regular meeting at 7:00 pm. Council concurred to hold the City Website presentation over to the 7:00 pm meeting. ADJOURNMENT There being no further business to come before the Council and Redevelopment Agency, the meeting was adjourned at 4:49 pm. ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS R. BUCKLEY, CHAIRMAN CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE 13 Agenda Item No. 2 Page 14 of 28 MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 23, 2008 CALL TO ORDER — 7:00 P.M. Mayor Magee called the meeting to order at 7:02 pm. PLEDGE OF ALLEGIANCE Mayor Magee led the pledge of allegiance. INVOCATION — MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILWOMAN BHUTTA COUNCILMAN BUCKLEY ARRIVED AT 7:09 PM ABSENT: COUNCILMAN HICKMAN Also present: City Manager Brady, City Attorney Leibold, Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director /City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Captain Cleary, Information /Communications Manager Dennis and Interim City Clerk Cowley. CLOSED SESSION REPORT City Attorney Leibold announced the City Council met in closed session to discuss a number of matters identified as Items 1(a) through 1(d) on the agenda. The first involved real property negotiations under Government Code § 54956.8. The parcel numbers are identified on the agenda. Item 1(a) the negotiating parties are the City of Lake Elsinore and the property owners Denise and Tim Fleming. Under negotiation price and Terms of payment. Item 1(b) also involves real property negotiations under the same legal authority. The parcel number is identified in Item 1(b). The negotiating 1 Agenda Item No. 2 Page 15 of 28 parties are the City of Lake Elsinore and the owners Jess and Marissa Enriquez. Under negotiation price and terms of payment. Item 1(c) involves existing litigation under the authority of Government Code § 54956.9(a); the City of Canyon Lake versus the City of Lake Elsinore and the case number is identified under Item 1(c) of the agenda. The final Item involves two potential cases under the authority of Government Code § 54956.9(b) concerning anticipated litigation. Those were all of the items discussed and there is no reportable action. 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) PROPERTY: APN 375 - 250 -026, -027, 375 - 942 -015 CITY NEGOTIATOR: City Manager Brady NEGOTIATING PARTIES: City of Lake Elsinore, Denise Fleming, and Tim Fleming UNDER NEGOTIATION: Price and terms of payment 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 379 - 403 -018 Agency Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Jess & Marissa Enriquez Under negotiation: Price and terms of payment 1(c) CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) City of Canyon Lake vs City of Lake Elsinore (Riverside Superior Court Case #513811) 1(d) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases PRESENTATIONS /CEREMONIALS Mayor Magee introduced Mark Dennis who has spearheaded the effort for the City's new website. Mark Dennis, Information /Communications Manager presented a sneak preview of the City's new website that would be launched on January 5 He presented the City Council with a guided tour of the web site pointing out the features and tools. He explained that this project began in March when staff brought the contract with Vision Internet to Council for approval. He advised that much of what is being shown to Council was hand -built by City staff because what was purchased is a highly powerful tool that allows staff to distribute the load of putting content on the web by department by subject matter experts. It is a new philosophy from a standpoint of how the City approaches e- government. Mr. Dennis introduced the features of the website. He introduced Toby Soto, IT Supervisor and John Herrera, Information Technology 2 Agenda Item No. 2 Page 16 of 28 Technician who were part of the project team. Because of technical difficulty, the presentation was interrupted and postponed until later in the meeting. Mayor Magee invited Council Member Buckley to the podium. He advised that each year the Council selects from its own certain officers that are required to do certain tasks and over the last two years Tom Buckley has been the City's Redevelopment Agency Chairman. Mayor Magee stated that Mr. Buckley has shown a certain passion and vigor in moving a certain agenda forward so much so that he was unanimously selected to lead the Redevelopment Agency for a third year. He presented Chairman Buckley with a plaque showing the Council's token of appreciation for last year's efforts. Chairman Buckley accepted the plaque and thanked the Council stating that after two years of working on making sure the Redevelopment Agency was in a place to move forward, this year it is. He advised that over the next six months the community would see a great deal of activity come out of the Redevelopment Agency. He noted that it can be seen with the Downtown Master Plan, the purchase of certain properties moving forward with the changes in the project area. He expressed his believe that the Redevelopment Agency is there to provide the infrastructure for opportunity especially in these difficult economic times, the Redevelopment Agency is in a perfect position to help the City restart its engine. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE Tim Fleming addressed Council regarding the National Census Homeless Week beginning January 26 Every two years, in an effort to eliminate homelessness in the United States, HUD the largest source of homeless program funding performs a one - day point in time, sheltered and unsheltered individuals. The County wide activities will be on Wednesday, January 28, 2009. Volunteers are needed for this important effort. He advised that forms were available at the entrance to the Cultural Center and at City Hall. CONSENT CALENDAR Mayor Magee announced he received a request to pull Items 5 and 8 from the Consent Calendar. Councilman Buckley moved to approve Consent Calendar Items 2 through 9, excluding Items 5 and 8; seconded by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Councilwoman Bhutta, Councilman Buckley, Mayor Pro Tem Melendez and Mayor Magee. NOES: None. ABSENT: Councilman Hickman. (2) Approval of City Council Minutes Recommendation: Approve the following Minutes: a) The Minutes of the regular City Council Meeting — December 9, 2008. 3 Agenda Item No. 2 Page 17 of 28 (3) Warrant List Dated December 15, 2008 Recommendation: Authorize payment of warrant list dated December 15, 2008. (4) Claims Against the City Recommendation: Reject the claims of Carlos Ramirez, Rocio Vargas, and Maria Navarro and direct the City Clerk's Office to send a letter informing the claimants of the decision. (6) Award of Professional Service Contract for the Design of Diamond Drive and Lakeshore Overlay Recommendation: The City Council award the consultant contract to KOA Corporation for an amount not to exceed $69,280 for preparation of plans and specifications of Grand Avenue. (7) Update to State of California Local Agency Investment Fund (LAIF) Resolution Recommendation: That the City Council approve Resolution No. 2008 -109 which removes Matt N. Pressey and David W. Sapp as authorized signers for all Local Agency Investment Accounts held at the State of California. (9) Investment Report — November 2008 Recommendation: The City Council receive and file the report. CONSENT CALENDAR ITEMS 5 AND 8 (5) Walnut Drive and Frasier Drive Improvements — Notice of Completion Recommendation: The City Council authorize the Mayor to execute the Notice of Completion and request the City Clerk to file the Notice of Completion with the County of Riverside. Mayor Pro Tem Melendez felt it was important to note that the original bid for this project was for $395,000; however, the total cost was $164,000 which came in significantly under bid. She stated that at a time when the State budget is in such turmoil and our federal funding is a big question mark, anytime the City can save money is a huge benefit to the City. She thanked staff for their work. (8) Agreement and Escrow Instructions for Purchase and Sale of Real Property: APN379- 403 -018 4 Agenda Item No. 2 Page 18 of 28 Recommendation: That the City Council approve the Agreement and Joint Escrow Instructions for Purchase and Sale of Real Property in substantially the form attached, direct the City Attorney to finalize the Agreement, authorize the Mayor to execute the Agreement in such final form as approved by the City Attorney, and direct the City Manager to execute the Certificate of Acceptance. Mayor Pro Tem Melendez thought it was important to note that this item was for the use of eminent domain on property on Machado Street; however, the City did not have to proceed with the eminent domain action because the City was able to negotiate with the property owners and came to a mutually satisfactory agreement. She felt this is terrific because this Council does not want to set a precedent of using eminent domain so if an agreement can be reached that is certainly the option the Council wants to take. Councilwoman Bhutta moved to approve items 5 and 8 of the Consent Calendar; seconded by Mayor Pro Tem Melendez. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta and Councilman Buckley. NOES: None. ABSENT: Councilman Buckley. PUBLIC HEARING(S) (10) Negative Declaration No. 2008 -13 and Tentative Tract Map No. 32013 for Finance and Conveyance Purposes for the Project Known as "Southshore II" Recommendation: The Planning Commission recommends the City Council adopt Resolution No. 2008 -110 Certifying Negative Declaration No. 2008 -13 and Resolution No. 2008 -111 for Tentative Tract Map No. 32013 for Finance and Conveyance Purposes. Mayor Magee opened the public hearing at 7:27 pm. Acting Community Development Director Weiner addressed Council advising the item was a request for a negative declaration and approval of a Tentative Tract Map. He indicated the applicant is requesting a merger of eight existing parcels in order to facilitate the sale and financing of the property for future development. Approval of this map would result in one 70 acre parcel. The Planning Commission approved this request unanimously. As was noted In the study session there are no development approvals for this area of town as of yet. This is simply a financing mechanism for the applicant to do some things with the bank. There being no one wishing to speak to this issue, Mayor Magee closed the public hearing at 7:19 pm. Councilman Buckley moved to approve the recommendation of staff; seconded by Mayor Pro Tem Melendez. The motion carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. 5 Agenda Item No. 2 Page 19 of 28 City Attorney Leibold clarified for the record that there are two separate resolutions that were approved by a single motion. APPEAL(S) (11) Consideration of an Appeal of the Planning Commission's Decision Relative to Public Convenience and Necessity Findings for Off - Premise Alcohol Sales from a Proposed Convenience Store Located within the Viscava Village Shopping Center Located at 16665 Lakeshore Drive, Suite 'A' (APN: 379 - 470 -083) Recommendation: That the City Council: 1) Consider the appeal and either uphold the Planning Commission's decision to deny the Public Convenience and Necessity request; or 2) Overturn the Planning Commission's decision and approve the Public Convenience and Necessity request. Acting Community Development Director Weiner advised Council that this item returns after being continued off - calendar on October 28' 2008. On October 7, 2008, the Planning Commission voted 3 -1 that a finding of public convenience and necessity could not be made for this request to sell alcohol from a yet to be opened convenient store in the Viscaya Shopping Center. Since the last City Council meeting the property owner conducted outreach to the adjacent homeowners and the homeowners association group; correspondence from residents and adjacent businesses are attached to the staff report and the applicant is here if council has any questions. Councilman Buckley stated that for sometime all of Council has been getting emails, comments and letters from neighbors who were opposed to the sale of alcohol. He stated that the applicant did outreach and now Council was receiving emails and letters saying people are in favor of the proposal. Councilman Buckley indicated he would like to receive copies of the letters from the police stations in the other cities. Tom O'Meara, representative of the landlord of the property addressed Council indicating that in October they received letters from the Alcohol Beverage Control for the tenants' existing licenses showing there is no incidences and no disciplinary history found on any of the tenants. He indicated he had a copy of the letter that was emailed to him, if Council wished to see it. Councilman Buckley confirmed there was no one from the neighborhood present at the meeting. Councilwoman Bhutta stated that the residents were initially opposed to this establishment because they were told it would be a liquor store and now they seem to be in support of it since it will be a convenience store. Although Council was advised of this she walked the neighborhood over the weekend and knocked on doors to determine if that is in fact how the majority of the residents felt. She is happy to report that is exactly how they felt. She said she was fortunate enough to speak to one of the board members and members of his family and they are all okay with it. 6 Agenda Item No. 2 Page 20 of 28 Dave Mudget the developer and owner of the Center with Cormin Lee thanked the Mayor for suggesting they do an outreach program, which they did on multiple occasions both with commercial users and residents. Mr. Mudget learned that there had been a misunderstanding and they made themselves available to every homeowner and answered every question that came about. He thanked Council for both the suggestion and the prompt stating that he believed they are now in a position where everyone feels comfortable that it is a respectable and experienced operator. Mayor Magee thanked Mr. Mudget for making the effort to reach out to the public noting that as he stated before if the tenant wasn't going to be accepted in the neighborhood, he wasn't going to have any customers. Councilman Buckley moved to Overturn the Planning Commission's decision and approve the Public Convenience and Necessity request; seconded by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. BUSINESS ITEM(S) (12) CaIPERS Employer Pickup Resolution for Pre -Tax Deduction Plan for Service Credit Purchases Recommendation: That the City Council adopt Resolution No. 2008 -112 the attached resolution for the pre -tax deduction plan for service credit purchases. City Manager Brady advised Council that this item was a process to allow employees that participate in the CaIPERS system the opportunity under CaIPERS retirement system to buy back time for military service time or additional time, if the employee chooses. Currently an employee can buy time but it is with after -tax dollars. This resolution would allow employees to purchase time and not have to pay taxes on that portion. There is no cost to the City even in terms of administration. It becomes a payroll deduction process. Mayor Pro Tem moved to adopt Resolution No. 2008 -112 for the pre -tax deduction plan for service credit purchases; seconded by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. (13) 2008/09 Supplemental Law Enforcement Services Fund (SLESF) Grant Recommendation: Approve the expenditure plan and the allocation of funds from the SLESF Grant. 7 Agenda Item No. 2 Page 21 of 28 City Manager Brady advised this is a grant which has been applied for in the past. It is for $100,000 that is funded by the State of California and administered by the County of Riverside. He added that $50,000 of the grant can be used toward salaries and benefits of the officers on the street and the remaining $50,000 can be used for equipment which can vary with traffic enforcement, law enforcement on the lake, and a number of other things that can be used to combat any criminal activity. He felt it is a definite benefit for the City to have these funds. He recommended the City Council approve the expenditure and the adoption of the funds. Mayor Pro Tem Melendez moved to approve; second by Councilwoman Bhutta . The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. (14) Interim Agreement with the Ferguson Group for Washington, D.C. Lobbying Services Through June 30, 2009 Recommendation: Authorize approval of the Interim Agreement and execute the Agreement with the Ferguson Group, L.L.C.; reauthorize the annual legislative delegation Washington, D.C. meeting and related travel expenses at the not -to- exceed amount of $5,000.00; and authorize a budget adjustment for $21,000.00 from unallocated revenue. City Manager Brady advised that the City has had a contract with the Ferguson Group for lobbying services over the past three years. That agreement did expire on October 31 and the Ferguson Group, in an effort to continue to assist the city, has offered to provide their services through June 2009 in an amount of $2,000 per month which is essentially one -third of the costs the City was previously paying, which is a significant savings. There are a number of items that the City has had on the legislative agenda with regards to requests for funding. The City does have a current request in the amount of $100,000 that could be used toward the City's Emergency Operations Center at the sheriff's station. This would also allow the City to extend the services to help with the next agenda with regards to securing additional funding for local projects in the City of Lake Elsinore. Staffs recommendation is to move forward with approval of the agreement and as part of this send a contingency consisting of the Mayor, Chairman of the Redevelopment Agency and the City Manager to Washington DC to meet with the elected officials. He advised It is a very quick trip; however, it is important to meet with the elected officials and place the City's name and projects before the legislature. A package of items is put together in a formatted booklet which is presented in Washington DC. He indicated there is $21,000 from unallocated revenue set aside to cover the costs of this trip. He pointed out there is currently $3,000 in the budget for travel so essentially staff is requesting $18,000. Councilman Buckley moved to approve; second by Mayor Pro Tem Melendez. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro 8 Agenda Item No. 2 Page 22 of 28 Tem Melendez, Councilwoman Bhutta, Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. 15) Annual Financial Reports for the Fiscal Year Ending June 30, 2008 Recommendation: That the City Council receive and file the reports. • James Riley, the acting Administrative Services Director advised Council that what was being presented was the Comprehensive Annual Financial Report, which is presented every year. This is the annual audit prepared by the City's auditors and is prepared in agreement with Generally Accepted Accounting Principles, Government Accounting Standards Board and other accounting principles. He noted there was a lot of financial information included in the financial report. He indicated it was an unqualified audit which means they didn't have any problems with anything. He stated there were some comments in the management letter which they were already addressing. City Treasurer Baldwin stated that he would be sitting down with the City Manager and Mr. Riley this month and will be working on this as well as the Council leadership before the end of February. Councilwoman Bhutta moved to approve the Annual Financial Reports for the Fiscal Year Ending June 30, 2008; second by Mayor Pro Tem Melendez. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. (16) City Council Appointments to Various Organizations Recommendation: That the City Council confirm the appointment of delegates and alternates as contained in the Mayor's Recommended Council Appointments List Mayor Magee stated that one of the obligations of a council member was to serve as a designee of any number of different commissions and committees throughout the County and the City. Each year the City Council reappoints to a number of different boards. Bringing two new council members on board and losing two who had significant amount of institutional knowledge, this year's assignments required a significant amount of time. He thanked staff in the City Manager's office for working so diligently with him on this. He felt he was able to accommodate most everyone's wishes. An effort was made to match people's strengths with their desires and match them against their current time constraints. With that some minor modifications were made at the 4:00 pm session. Councilwoman Bhutta moved to approve the City Council Appointments; seconded by Councilman Buckley, who mentioned that the Riverside County Habitat Conservancy Agency meets the first Monday of almost every month; the quarterly meetings noted on 9 Agenda Item No. 2 Page 23 of 28 the Appointments list is not accurate. He stated that's why making the RCA and RCOG alternates to each other is helpful, the meetings are in the same place, back to back; Mayor Magee asked Mayor Pro Tem Melendez if she would be able to accommodate that schedule. Mayor Pro tem Melendez replied in the affirmative. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. (17) City Clerk Recruitment Recommendation: That the City Council appoint two of its members to serve on a sub - committee to review the 32 applications for the City Clerk position, conduct the first interview process and select the candidates to be interviewed by the entire City Council. Mayor Magee indicated staff was directed to accumulate applications for the vacant City Clerk position. The action this evening was to appoint a sub - committee of two council members to review the applications and select some finalists. The action this evening is to assign Mayor Pro Tem Melendez and Councilwoman Bhutta to that sub - committee. Councilman Buckley moved to approve the sub - committee; second by Mayor Pro Tem Melendez. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. The City Manager advised that he had copies of the applications ready, of which there are 32, for each of the committee members. He mentioned the Mayor Pro Tem suggested and he thought it was a great idea to ask the Interim City Clerk to sit in on the interview process with Mayor Pro Tem Melendez and Councilwoman Bhutta. (18) Ordinance of the City Council of the City of Lake Elsinore, California, Renumbering Chapters 3, 5, 6, 16 and 17 of the Lake Elsinore Municipal Code Recommendation: That the City Council read by title only and waive further reading of Ordinance No. Renumbering Chapters 3, 5, 6, 16 and 17 of the Lake Elsinore Municipal Code. City Attorney Leibold advised Council that the City contracted with a code publishing company to review and rewrite the City's Municipal Code. that task has been completed and in so doing critical parts of the Municipal Code were re- numbered so that the current chapter references don't correspond to the new, reorganized Municipal Code. This ordinance will take care of that housekeeping task so that the Code has a new numbering system. She indicated with the Municipal Code going on line it is important that there be an appropriate renumbering that matches an ordinance that 10 Agenda Item No. 2 Page 24 of 28 allows the updated Code to go into effect. Staff recommended approval of the ordinance and tonight will be the first reading. Councilman Buckley moved approval; seconded by Councilwoman Bhutta. The motion unanimously carried by the following roll call vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. The City Council recessed to the Redevelopment Agency at 7:40 pm. The City council reconvened to the City Council at 7:45 pm. at which time Information /Communications Manager Dennis completed his presentation on the City's new website by providing the Council with some of the features for individual departments. He introduced the City Council to the Municipal Code which was now on line and hosted by a third party. Mr. Dennis showed them how easy it is to research the City's Municipal Code by using a search word. Mr. Dennis provided Council with a demonstration of the new added function through a Company called Granicus, that live streams the City Council meetings via the internet while at the same time providing access to the agenda and linked agenda reports. The video streamed meetings, agendas and minutes are also archived so access to past meetings is available to the public. He demonstrated by showing a segment of the December, 9, 2008 meeting. In response to a question posed by Councilman Buckley, Mr. Dennis advised the second meeting in January would be when the meetings would go live on the Internet. He also clarified that the web site would be up and running by January 5' but the live streaming of the council meetings would not be until the second meeting of January. He showed Council some very automated navigation tools that have been added for the convenience of the City and the public. He explained "e- subscribe" to Council where a member of the public can request receipt of agendas, press releases, public hearing notices, etc. automatically via e-mail. He explained the new search features of the calendar section that allows individuals to search by particular events for the upcoming year. He confirmed for Councilman Buckley that once the agendas were loaded and one clicked on a particular meeting, the agenda would be accessed. Mr. Dennis noted that under "News" storm advisories, or other types of emergencies can be posted for the public's information. He reviewed the links for services and departments providing an example of how easy it is to link to service request forms for various services. Councilman Buckley suggested a form for dust due to construction be added that automatically notifies the AQMD. Mr. Dennis made a note to create a dust complaint to add as a link and advised that there are all types of tools that staff is still learning to use. He then demonstrated the Public Safety page to Council and illustrated the various links that could be accessed for information in emergencies and the various links to different agencies for information. Mr. Dennis showed Council the Emergency Flash Alert pop - up that can also be initiated on the City's web page alerting individuals of a major traffic event and providing alternative routes. Mr. Dennis indicated he would have to validate whether the flash alert can be subscribed to by individuals or how individuals can be 11 Agenda Item No. 2 Page 25 of 28 informed. He concluded his presentation and noted that staff is still putting together a lot of information. Mr. Dennis confirmed for Mayor Magee that there are links to Animal Control and Animal Friends of the Valley advising the links are under "Services" with on -line work order forms. Mayor Magee asked if the pictures of the Martin Mars can be plugged in under Public Safety. Mr. Dennis confirmed they would be. Mr. Dennis confirmed for Councilwoman Bhutta that a Zink on the home page for street closures and street repairs could be accessed under "Traffic Conditions" and it could also be noted on the calendar. Mayor Pro Tem Melendez complemented the website stating that it looks terrific and thanked staff for the hard work indicating this is far better than where the City was in terms of the web site. Councilmember Buckley indicated he did not see a Zink to "Other governments" page. Mr. Dennis explained where that link could be found under the "City Council" page, and how the links worked. City Attorney Leibold announced a point of order on Item No. 18, the Ordinance Renumbering of the Municipal Code. She indicated that a roll call vote was taken, however; the motion was to adopt the ordinance by title only and waive further reading, but Council failed to read the title. She asked that that matter be re- opened to allow the City Clerk to read the title and the Clerk can announce the vote is confirmed. Thereafter the City Clerk read the title of the ordinance into the record and confirmed the vote. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RENUMBERING CHAPTERS 3, 5, 6, 16 AND 17 OF THE LAKE ELSINORE MUNICIPAL CODE." PUBLIC COMMENTS — NON - AGENDIZED ITEMS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented /announced the following: • Recognized all of staff that worked on the web site because as Mr. Dennis indicated each department has been responsible for putting that information together to create that web site and a lot of the time that it has taken was to train the staff as to how to do this so in the future each department will then be able to update and keep those pages up to date and in order. He thanked staff for their efforts. 12 Agenda Item No. 2 Page 26 of 28 • Monday, January 5, 2009 is the groundbreaking for the animal shelter at 10:00 am at Mission trail. • Saturday, January 24 is the 60 annual installation for the Chamber of Commerce which will be held at The Diamond Club and is $100 per person. • City facilities will be closed on December 25 and 26 and also on January 1 and 2 . He wished everyone very happy holidays, Merry Christmas and a happy New Year. CITY ATTORNEY COMMENTS City Attorney Leibold wished everyone a Merry Christmas, happy holidays, and a safe and happy New Year and see you in 2009. COMMITTEE REPORTS There were no committee reports. CITY TREASURER COMMENTS City Treasurer Baldwin wished everyone a happy Chanukah, Merry Christmas and a happy New Year. CITY COUNCIL COMMENTS Mayor Pro Tem Melendez wished everyone a Merry Christmas, happy New Year and asked everyone to remember our veterans serving overseas and those recovering in hospitals here. Council Member Buckley thanked the audience for coming out two days before Christmas. He reminded everyone about the ground breaking of the Animal Shelter which has taken many years to get up and running on January 5 at 10:00 am next to the Wildomar Chamber of Commerce building on Mission Trail across from the former Elks Club,. He wished everyone a happy Chanukah, Merry Christmas, terrific Tet, kickin Kwanza, fantastic Festivus and a great New Year. Councilwoman Bhutta thanked everyone involved in the creation of the new website, she thought it was wonderful and all of staffs hard work shows. She reiterated happy holidays to everyone and see you in 2009. Mayor Magee complemented Mr. Dennis and his staff on the website, stating it was well done and outstanding. He stated that this has been a tough year on so may levels and he felt it was important to take note and take stock of everything we have to be thankful for. He recommended turning to family members, friends and pets and give them all a hug and a kiss and remember what's truly important this holiday seasons. He wished everyone best wishes in 2009, happy Chanukah, Merry Christmas, Feliz Navidad and happy Kwanza. 13 Agenda Item No. 2 Page 27 of 28 There being no further business to come before the Council and Redevelopment Agency, the meeting was adjourned at 8:12 pm. ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE 14 Agenda Item No. 2 Page 28 of 28